“Return to active service, if ever, is to be determined by competent medical authority,” wrote Graham, an arbitrator since 1972 and a retired professor of industrial relations at Cleveland State University.

Harless found himself at the center of an Internet-spurred firestorm after a police car video captured him threatening a man he pulled over about 1:40 a.m. in an area with a reputation for drugs and prostitutes.

During that June 2011 traffic stop, Harless screamed profanities and said he wouldn’t have lost any sleep if he would have shot and killed William Bartlett of Brewster. Harless had become enraged after he discovered Bartlett had a loaded .38-caliber pistol, which he was permitted to carry.

“As soon as I felt your gun, I should have took two steps back, pulled my Glock 40 and just put 10 bullets in your ass and let you drop,” the officer screams in the video. During the flurry, Harless also said he should have gunned Bartlett down for being stupid.

The video went viral on the Internet after being posted by Ohioans for Concealed Carry.

‘CONDUCT WAS DEFENSIBLE’

In January, Safety Director Thomas Ream fired Harless for making threats during multiple traffic stops. Ream cited a pattern of verbal abuse and making physical or death threats.

The safety director said the arbitrator had more information about the incidents. Unlike the city’s disciplinary hearing, when Harless was advised by a medical professional not to participate, he testified and answered questions at the arbitration hearing.

“This is not a shocking ruling given all the things that were present for the arbitrator,” he said. “So we will abide by this ruling, and if officer Harless is able to get his medical clearance, we’ll let him back on the police department.”

After the investigation had been launched, Harless was diagnosed with post-traumatic stress disorder.

“Given the circumstances of that night and the mental status of (Harless), it must be concluded his conduct was defensible,” Graham wrote, referring to the Newton Avenue stop. “The employer lacked just cause to discharge him.”

No back pay is due, Graham ruled. The union did not argue for back pay, citing Harless’ medical condition.

Michael Piotrowski, an attorney with the Fraternal Order of Police of Ohio, has represented Harless in the case.

“We ... feel that officer Harless has been vindicated to some extent by this award and his record of clean service with the city was recognized,” he said Wednesday. “That being said, at this time, we are not intending to apply for reinstatement.”

“What needs to be understood is (there’s) no rule that says an officer (cannot) or should not make threats,” he said. “It’s not nice for a police officer to threaten to shoot somebody, (but) sometimes it’s ultimately the only thing that prevents you from doing it.”

TRAFFIC STOP

Bartlett was behind the wheel of a vehicle stopped in the road in the 100 block of Newton Avenue NW. When the two officers arrived, a woman known to be a prostitute exited the car, police said. A man suspected of being her pimp stayed in the vehicle with Bartlett.

The union argued that Bartlett did not immediately inform the officers he was armed. Bartlett has argued to the contrary. He could not be reached for comment Wednesday.

The incident happened in a “hard part of the city,” the arbitrator wrote. “They were not in Scarsdale, Shaker Heights or Beverly Hills.”

Bartlett said he was in the Newton Avenue area “to find a phone number so he could look for a job.” But “such an assertion must be considered implausible as it was made in the wee hours of the morning when Mr. Bartlett was accompanied by persons of ill-repute.”

“... The encounter ... was fraught with danger for (Harless) and his partner,” Graham wrote.

In addition to the Bartlett traffic stop, investigators became aware of two others captured on cruiser video that called Harless’ behavior into question. One case involved Stanley L. Pearson Sr., whom resisted arrest at a party and seriously injured Harless. During a traffic stop, Harless told Pearson, “I will shoot you and justify it.”

The arbitrator said that prior to the firing, Harless, a 15-year department veteran, had a good record.

Graham cited the “great deal of public outrage” over the Harless video featuring Bartlett.

Harless betrayed little remorse for his actions, the city noted at the arbitration hearing. The city said the post-traumatic stress disorder and depression do not excuse officer’s behavior.

‘SINGLED OUT’

The union contended that Harless’ actions in the Bartlett stop “must be seen in the context of that night and his career as a police officer.”

Bartlett’s admission he had a gun was belated, the union argued.

The union said that Harless “has been singled out for discipline greater than that given his colleagues,” explaining it’s rare for officers to receive discipline for verbal abuse of a prisoner and “officers who have physically mistreated people have not been discharged.”

But the union also said “there is no question (Harless) is not fit for duty.”

HARLESS TIMELINE

June 8, 2011: Canton Police Patrolman Daniel Harless, a 15-year veteran, screams at and threatens to shoot a driver pulled over in an area known for prostitution and drugs.

July 2011: A video of the incident, captured by police cruiser, goes viral after its posted on the Internet by Ohioans for Concealed Carry. The city reviews other cruiser videos where Harless becomes angry.

Nov. 10, 2011: A judge throws out the criminal charge against the driver in the June 8 incident, William Bartlett.

Jan. 10: Harless is fired by the city. He later appeals.

Wednesday: City releases arbitrator’s ruling giving Harless his job back if he gets medical clearance.

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